Parental Substance Use as Child Maltreatment - Nebraska

Substance-Exposed Newborns
Citation: Admin. Code Tit. 395, §§ 2-003; 9-001

Information pertaining to or stemming from contacts, interviews, assessments, and allegation findings related to a report of child abuse or neglect is confidential and will not be released to any person except as authorized by State law or when ordered by a court of competent jurisdiction.

Substance-exposed infants: If a report made by a hospital or other medical facility includes information that a newborn infant has been affected by substance use, withdrawal symptoms from prenatal drug exposure, or fetal alcohol spectrum disorder, the summary provided by the Department of Health and Human Services may include any additional information the department deems necessary for the development of a plan of safe care for the child.

The term 'exclusionary criteria' means criteria which, if alleged or otherwise learned by the department, automatically excludes an intake accepted for assessment from eligibility for an alternative response. Exclusionary criteria include the following:

• A newborn whose urine or meconium has tested positive for alcohol and to whom any of the following applies:
  • Their caregiver has an alcohol addiction.
  • Their caregiver previously delivered a drug-exposed infant and did not successfully complete drug treatment.
  • Their caregiver did not prepare for the newborn's birth.
  • Their caregiver currently uses controlled substances or alcohol and breastfeeds or expresses intent to breastfeed.
  • Their caregiver has no in-home support system or alternative primary care arrangements.
• A pregnant woman tested positive for methamphetamine or other controlled substance.
• A child has had contact with methamphetamine or other controlled substance, including a positive meconium or hair follicle screen or test.

Children Exposed to Parental Substance Use
Citation: Rev. Stat. § 28-457(2)–(5)

Any person who knowingly or intentionally causes or permits a child or vulnerable adult to inhale or have contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a class I misdemeanor. For any second or subsequent conviction under this subsection, any offending person is guilty of a class IV felony.

Any person who knowingly or intentionally causes or permits a child or vulnerable adult to ingest methamphetamine, a chemical substance, or paraphernalia is guilty of a class I misdemeanor. For any second or subsequent conviction under this subsection, any offending person shall be guilty of a class IIIA felony.

Any child or vulnerable adult who resides with a person violating the subsections above shall be taken into protective custody as provided in the Adult Protective Services Act or the Nebraska Juvenile Code.

Any person who violates the subsections above and a child or vulnerable adult actually suffers serious bodily injury by ingestion of, inhalation of, or contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a class IIIA felony unless the ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a class IB felony.